WVC 18 A- 1 - 1
§18A-1-1. Definitions.
The definitions contained in section one, article one, chapter
eighteen of this code apply to this chapter. In addition, the
following words used in this chapter and in any proceedings
pursuant to this chapter have the meanings ascribed to them unless
the context clearly indicates a different meaning:

(a) "School personnel" means all personnel employed by a
county board whether employed on a regular full-time basis, an
hourly basis or otherwise. "School personnel" is comprised of two
categories: Professional personnel and service personnel;

(b) "Professional person" or "professional personnel" means
those persons or employees who meet the certification requirements
of the state, licensing requirements of the state, or both, and
includes a professional educator and other professional employee;

(c) "Professional educator" has the same meaning as "teacher"
as defined in section one, article one, chapter eighteen of this
code. Professional educators are classified as follows:

(1) "Classroom teacher" means a professional educator who has
a direct instructional or counseling relationship with students and
who spends the majority of his or her time in this capacity;

(2) "Principal" means a professional educator who functions as
an agent of the county board and has responsibility for the
supervision, management and control of a school or schools within
the guidelines established by the county board. The principal's
major area of responsibility is the general supervision of all the schools and all school activities involving students, teachers and
other school personnel;

(3) "Supervisor" means a professional educator who is
responsible for working primarily in the field with professional
and other personnel in instructional and other school improvement.
This category includes other appropriate titles or positions with
duties that fit within this definition; and

(4) "Central office administrator" means a superintendent,
associate superintendent, assistant superintendent and other
professional educators who are charged with administering and
supervising the whole or some assigned part of the total program of
the countywide school system. This category includes other
appropriate titles or positions with duties that fit within this
definition;

(d) "Other professional employee" means a person from another
profession who is properly licensed and who is employed to serve
the public schools. This definition includes a registered
professional nurse, licensed by the West Virginia Board of
Examiners for Registered Professional Nurses, who is employed by a
county board and has completed either a two-year (sixty-four
semester hours) or a three-year (ninety-six semester hours) nursing
program;

(e) "Service person" or "service personnel", whether singular
or plural, means a nonteaching school employee who is not included
in the meaning of "teacher" as defined in section one, article one, chapter eighteen of this code and who serves the school or schools
as a whole, in a nonprofessional capacity, including such areas as
secretarial, custodial, maintenance, transportation, school lunch
and aides. Any reference to "service employee" or "service
employees" in this chapter or chapter eighteen of this code means
service person or service personnel as defined in this section;

(f) "Principals Academy" or "academy" means the academy
created pursuant to section two-b, article three-a of this chapter;

(g) "Center for Professional Development" means the center
created pursuant to section one, article three-a of this chapter;

(h) "Job-sharing arrangement" means a formal, written
agreement voluntarily entered into by a county board with two or
more of its employees who wish to divide between them the duties
and responsibilities of one authorized full-time position;

(2) Has been recruited at a job fair or as a result of contact
made at a job fair;

(3) Has not obtained regular employee status through the job
posting process provided in section seven-a, article four of this
chapter; and

(4) Has obtained a baccalaureate degree from an accredited
institution of higher education within the past year;

(j) "Dangerous student" means a student who is substantially likely to cause serious bodily injury to himself, herself or
another individual within that student's educational environment,
which may include any alternative education environment, as
evidenced by a pattern or series of violent behavior exhibited by
the student, and documented in writing by the school, with the
documentation provided to the student and parent or guardian at the
time of any offense;

(k) "Alternative education" means an authorized departure from
the regular school program designed to provide educational and
social development for students whose disruptive behavior places
them at risk of not succeeding in the traditional school structures
and in adult life without positive interventions; and

That the county superintendent expects to extend for at least
thirty consecutive days, and is either:

(A) Listed in the job posting as a long-term substitute
position of over thirty days; or

(B) Listed in a job posting as a regular, full-time position
and:

(i) Is not filled by a regular, full-time employee; and

(ii) Is filled by a substitute employee.

For the purposes of section two, article sixteen, chapter five
of this code, long-term substitute does not include a retired
employee hired to fill the vacant position.

WVC 18 A- 1 - 2
§18A-1-2. Repeal of inconsistent provisions.
The provisions of any articles or parts of articles, of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, which are inconsistent with the provisions of this
chapter, are hereby repealed to the extent of such inconsistency.

WVC 18 A- 1 - 3
§18A-1-3. Constitutionality and severability.
If any provisions of this chapter or the application thereof
to any person or circumstances shall be held to be
unconstitutional and invalid, such unconstitutionality and
invalidity shall not affect any one of the provisions or
applications of the chapter which can be given effect without the
invalid provisions or applications; and to this end the
provisions of this chapter are separable. The Legislature hereby
declares that it would have passed the remaining parts of this
chapter if it had known that such other part or parts thereof
would be declared unconstitutional and invalid.

Note: WV Code updated with legislation passed through the 2014 1st Special Session
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